Global Normative Production for the Tutelage of Sustainability

2019 Journal of Applied Business and Economics  
The present study aims to analyze the legal guardianship of sustainability and the problem of the method in the use of sources of global law. Assuming that the effective legal guardianship of sustainability is not only done within the national states, we seek to present Global Law and its normative sources as an alternative for achieving sustainability. However, the problem takes shape when there is no specific system for these flows of circulation of legal models, respecting the normative
more » ... the normative standards and the particularities of each context. Using the case related to the palm oil production chain in Brazil, a methodology that defends the analysis of demands, the extraction of the rector principles and the proposition of solutions that interrelate the local and the global, is defended as a methodology. For the development of this research, we used the inductive method, operationalized by the techniques of operational concepts, case study and bibliographic research. Journal of Applied Business and Economics Vol. 21 (8) 2019 121 Agriculture, Livestock and Supply, the Palm Oil Sector Chamber, the companies and the Roundtable on Sustainable Palm Oil (RSPO), based in Malaysia, stand out. The RPSO, typically a "global governance" and self-regulating institution, plays a relevant role, since, using a global, specialized and collegiate composition, it sets goals and regulations for the palm oil sector, certifying exemplary conduct and indicating correction points, with important emphasis on the management aligned with sustainability standards in their various faces. However, for the attainment of the necessary parameters of legal guardianship of sustainability, the involvement of states and their institutions is indispensable. Here proceeds the confluence between Global Law, Sustainability and National Rights. The Being and the Duty of Global Law Law as an applied social construction, has as its first condition the search for instruments to limit powers, above all. It is no longer just a means of social ordering. With this, it needs to keep in its core a perspective of duty, of social functionality. The emergence of new matrices of power requires a new right to contain excess and project expectations that can be realized in the near future. Notably the processes of globalization increasingly created a world territory, a new supranational and transnational order that allows for the circulation of people, ideologies, capital, goods, assets and services, which demonstrates the reduction (crisis) of the state 1 and institutes instruments of global governance. In Armin von Bogdandy's words, internationalization 2 has become a way of life 3 . As Günther Teubner 4 expressed, the driving force of law is no longer the yearning for legal limitation of absolute domestic powers; but, above all, the regulation of polycentric dynamics related to the circulation of models, capitals, people and institutions in physical and virtual spaces. To this extent, it is necessary to reconsider the existing relations between law and state, between public and private, national and international, between the different legal scenarios and the legal authorities, under penalty of exhaustion of the models resulting from endless fractures. The current power to which states are related in their own instances does not represent the notion of equity that derives from the concept of sovereignty and international law, while international law in its private bias also does not correspond effectively to emerging expectations and demands 5 . In fact, in the emergency dynamics that is presented, in this case, specifically of a double nature, since it involves the Anthropocene and the Law, it is imperative to establish elementary ruptures to overcome the "state-centric" nuclear scheme; discarding theories and practices cultivated in isolated, unique and exclusive "moments" to look at a web of complex and varied sense coalitions and the analysis of a multipolar circulation of institutions 6 . Accordingly, the decline of the national state and the rise of a global paradigm of law stems substantially from the penetration of governance criteria into state affairs and public policies, logistically supported by technological advances. Economic globalization determines a reflexive process of juridical globalization, which goes beyond the observation of Crouch 7 , since the globalization of juridical behaviors is equally observed, as is the personal and optional choice of precedents in the civil law tradition between other "customs". Thus, the globalization process needs to be understood as an expression of a systemic interdisciplinarity 8 . Global Law, however incipient as it may be, has as its object the understanding and regulation of relations arising from transnational and globalizing flows. These flows are not restricted to the globalization of the second postwar period, whose great specificity derives from the polycentricity that governs the globalization of the third millennium. Therefore, if national law is confined within the territorial limits of national jurisdiction, with validity and rigor arising from hierarchical orderly conditions, if international law results from mutual and reciprocal agreements governed by the sovereignty of states and formal equality, Global Law, in turn, dispenses with the central role played by states. In addition to providing your presence, when you are a participant, it does not give you different conditions in dealing with legal relations. In turn, the protection of sustainability cannot be left in spaces of difficult communication and low effectiveness.
doi:10.33423/jabe.v21i8.2594 fatcat:5c46hfdnpbe5vblppygnkg6mnq